Modination, misappropriation of possessory objects

2020 Gohap167(Joint) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

2)

Residential Pool City

One punishment (No. 1) shall be refunded to the victim (the identity of the victim) that has been seized as a co-sports occupant.

【Criminal Power】

On April 18, 2019, the Defendant was sentenced to one year for general goods and fire prevention in Gwangju District Court's wooden Branch, and completed the execution of the sentence on February 29, 2020.

“2020 Gohap127, 【Criminal Facts】

1. Embezzlements of lost possession;

At around 13:10 on May 27, 2020, the Defendant acquired a credit card No. 1 in the name of the injured party, the title of which was lost, and a mobile phone No. 1 in the name of the injured party, and embezzled it without following necessary procedures such as returning it to the injured party.

2. Fraud and violation of the Specialized Credit Finance Business Act;

At around 13:20 on the same day, the Defendant settled KRW 17,00 of the food cost with the credit card acquired under the name of the Defendant, as in the above 1., and used the credit card as if the Defendant had legitimate right to use the credit card.

Accordingly, the Defendant used lost credit cards and received food equivalent to 17,00 won in total by deceiving the said victims.

3. Intrusion upon residence and theft;

At around 18:30 on the same day, the Defendant entered and intruded into a small room, and 1 punishment of 450,000 won, which is the market price of the above victim’s possession in the place of sexual harassment, was 450,000 won, and 50,000 won in cash located in the head of the ward.

4. Quasi-Robbery;

At around 19:23 of the same day, the Defendant: (a) laid down one of the victim Red Damage, who was a customer, on the knish page of Ulsandong-gu, and opened one clock and ecoke on the outdoor table; and (b) went away from the scene because there were no things left the scene, the Defendant, knowing the fact that the Defendant was moving back the door, she put her arms following the Defendant’s flick, which is the flick of the above victim Red Damage (the name, south, and 26), and tried to escape from the face of another (the Defendant attempted to capture 21 cm, 13 cm, 13 cm, 15 cm, 10 cm, 15 cm, 10 cm and 25 cm, she tried to arrest the victim) immediately above the knish.

2020 Gohap167

On October 2, 2014, the Defendant is a person subject to the registration of personal information on which his/her punishment has become final and conclusive on October 6, 2014, after having been sentenced to three years of imprisonment for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Gangseo Branch Branch of the Chuncheon District Court.

A person subject to the registration of personal information shall submit the reason and modified information in accordance with the duty to submit personal information on the punishment, etc. of sexual crimes, where the details of personal information, such as the name, resident registration number, address, and real place of residence submitted previously, are changed, and the head of a police agency having jurisdiction over his/her domicile shall submit

Nevertheless, the defendant, on April 24, 2020, moved from the Mapocheon to the Mapopo City and the cause for the change of the domicile occurred, but the defendant did not submit a written notification of the change of personal information to the head of the Manacheon Police Station by May 13, 2020.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 342, 335, and 33 of the Criminal Act (the attempted robbery), Article 347(1) of the Criminal Act (the fraudulent point, the choice of imprisonment), Article 70(1)3 of the Specialized Credit Finance Business Act (the use of a lost credit card), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act (the choice of imprisonment), Article 360(1) of the Criminal Act, Article 360(3)2, and Article 43(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the failure to submit modified personal information, the choice of imprisonment), Article 50(3)2, and Article 43(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Provided, That the proviso of Article 42 of the Criminal Act shall apply to a crime of attempted robbery)

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (Aggravation of concurrent crimes within the limit of proviso of Article 42 of the Criminal Act as stipulated in the crime of attempted robbery with the largest penalty)

1. Return to a victim;

Article 333(1) of the Criminal Procedure Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for 3 to 50 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of quasi-Robbery, violation of the Specialized Credit Finance Business Act, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.);

- The sentencing criteria shall not apply

(b) Theft;

[Determination of thief] 01. thief for general property (Type 4)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor from one year to two years and six months

[No person who is a general person]

C. Fraud

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

[No person who is a general person]

(d) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (limited to the lower limit of the scope of recommending punishment for crimes for which the sentencing criteria are set, since crimes for which the sentencing criteria are set and those for which no sentencing guidelines are set are concurrent crimes in the former part of Article 3

(e) Scope of recommended sentences revised by applicable sentences: Three to fifty years of imprisonment (in cases where the lower limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory lower limit of applicable sentences, the lower limit of applicable sentences shall be set by law).

3. According to the sentence decision, the crime of this case was committed by acquiring the lost credit card and cellular lock, embezzlement without returning it, using the credit card so acquired at a restaurant, cutting off goods by intrusion on an empty house, cutting off goods by cutting off the bags attached on the outdoor table, cutting off the goods, and committing assault for the purpose of evading arrest of the victim of the larceny who was driving away from this, and, apart, did not submit information on the change of personal information to the chief of the competent police office, even though he is subject to the registration of personal information.

The crimes of each case of 2020 Ma127 are committed only one day at the time when the defendant was released from prison, and 3 months have not elapsed since they were committed. The defendant was sentenced to a fine and imprisonment several times due to the previous crimes, such as injury, theft, intrusion upon residence, assault, fraud, etc., and committed a repeated crime without being aware of it even during the repeated crime period.In the case of a crime of attempted robbery, the defendant was committed several times by taking care of the victim's face of the attempted crime of attempted robbery, and the victim seems to have been exposed to a considerable fear and mental shock. Accordingly, the victim seems to have been exposed to considerable fear and mental shock. In the case of a larceny crime, there is a relatively high risk in that it was committed after intrusion into an abandoned house. It is not recovered from damage. In the case of a crime of larceny without personal information, it is inevitable to punish the victim as well as the crime of recidivism, even if there is a history of a fine imposed due to the same kind of crime, and thus, it is considerably inappropriate to punish the crime corresponding to punishment.

However, considering favorable circumstances, such as the fact that the defendant fully recognizes the crime, the fact that the amount of property damage caused by the crime in this case is relatively small, and the motive of the crime seems to be caused by living, etc., the punishment shall be determined as ordered by comprehensively taking into account all the sentencing conditions specified in the arguments in this case, including the defendant’s age, character and conduct, environment, method and circumstance after the crime, etc.

Judges Gindo-young

Judges' Binding

Along with the fact that the victim's injury is stated as "influench", the victim's injury shall be avoided from his written statement (Evidence No. 120 pages).

Since 10,000,000 note 10,000 Sweden Madden 1,00

Since it is unclear that this part was arbitrarily deleted.